Brindabella Airlines Pty Ltd (In liquidation) v Alpha Flight Services Pty Ltd

Brindabella Airlines Pty Ltd (In liquidation) has brought a claim against Alpha Flight Services Pty Ltd. The dispute involves allegations of non-payment for services rendered. The matter has been heard in the Federal Circuit and Family Court of Australia. The liquidators of Brindabella Airlines seek an order for preliminary discovery to determine the whereabouts of Alpha Flight Services Pty Ltd, which is essential for the service of the originating process. The primary legal issue before the court was whether the liquidators had made a reasonable inquiry into the whereabouts of the defendant and, if not, whether the application for discovery could still be granted. The court needed to determine whether the requirement for a reasonable inquiry was an objective criterion and whether the timing of the inquiry was a factor in the decision to grant the discovery order.

The court examined the principles governing the requirement for a reasonable inquiry into a defendant’s whereabouts in the context of preliminary discovery. It held that the requirement for a reasonable inquiry was indeed an objective criterion, which could be assessed based on the circumstances of each case. The court found that the liquidators had made efforts to locate Alpha Flight Services Pty Ltd, albeit not as extensive as they could have been. However, the court concluded that the efforts were reasonable under the circumstances. The timing of the inquiry was also considered, but it was determined not to be a decisive factor in the decision to grant the discovery order. The court emphasised the importance of the liquidators’ efforts and the reasonableness of those efforts in the context of the overall proceedings.

The Federal Circuit and Family Court of Australia ordered that preliminary discovery be granted to the liquidators. The court found that the liquidators had met the objective criterion of making a reasonable inquiry into the whereabouts of Alpha Flight Services Pty Ltd. The court recognised the importance of the liquidators' efforts in ensuring that the defendant could be served with the originating process. The order allows the liquidators to proceed with the necessary steps to effect service of the originating process on Alpha Flight Services Pty Ltd. This outcome ensures that the proceedings can progress, and the liquidators can pursue their claims effectively.